The American Bar Association (ABA) recently provided guidance on the ethical use of Generative Artificial Intelligence (GAI) tools in legal practice. While these tools can enhance efficiency and effectiveness, they must be used in a way that aligns with ethical standards.
Clients need to know the following:
- Clients can ask their attorneys to explain how they are using AI tools and what steps are taken to ensure reliability, confidentiality, and any other concern.
- Lawyers must use AI competently, ensuring they understand its capabilities and limitations. Attorneys must verify the accuracy of AI outputs and integrate them appropriately into their legal work.
- Client confidentiality is non-negotiable. Use of any AI tools cannot expose any sensitive or privileged information. Attorneys must analyze the terms of service for AI platforms and inputting confidential details into systems that could compromise privacy.
- Clients should be informed if AI is used in ways that could significantly affect your case.
- The use of AI should not lead to unreasonable charges. Attorneys cannot bill you for time spent learning how to use AI tools. However, if a specific AI platform is used at your request, then it is appropriate to discuss how those costs will be managed and charged.
The reality is that most of the AI-related rules repeat what an attorney is already ethically responsible to do. The primary addition is that attorneys are now required to share a bit more about what happens “behind the curtain” to allay the current concerns about AI taking over the world.
David Seidman is the principal and founder of Seidman Law Group, LLC. He serves as outside general counsel for companies, which requires him to consider a diverse range of corporate, dispute resolution and avoidance, contract drafting and negotiation, and other issues.
He can be reached at david@seidmanlawgroup.com or 312-399-7390.
This blog post is not legal advice. Please consult an experienced attorney to assist with your legal issues.
Photo Credit: AI Robot pic
